Posts tagged #penalty
All PostsCJEU: Ending FIFA Transfers Penalty Rule
European LawSome of FIFA’s rules on international transfers of professional footballers are in breach of EU law. This was recently decided by the European Court of Justice (CJEU), as the rules are an unnecessary restriction on the free movement of players and co...
OGH: Major Ruling on Rental Agreement Clauses (Part 6)
Civil LawThe first part of a rather extensive and practice-relevant ruling by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was published in the USANCEN Newsletter on 19 July 2002. This week, USANCEN focuses on the sixth part of the judge...
BVwG: COVID-19 a Mitigating Circumstance in GDPR Violations
Data Privacy LawThe Austrian Federal Administrative Court (Bundesverwaltungsgericht, hereinafter BVwG) has considered the COVID-19 pandemic and the fear of contagion a mitigating factor in penalties imposed for violating applicable data protection regulations. In th...
Proposed Communication Platforms Act, Part 2: Up to EUR 10 million fine for violation of the obligation to remove illegal content
Public LawIn addition to the obligations to immediately remove illegal content etc., the draft of the Communication Platforms Act (Kommunikationsplattformen-Gesetz, KoPl-G) also provides for high penalties for violation of the regulations. Fines of up to EUR 1...
OGH: "Recruitment costs" for retention of employees via a third-party temporary employment agency are inadmissible
The Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the permissibility of a clause providing for the replacement of "recruitment costs" in a contract for the leasing of temporary workers. The plaintiff leased employees to the defendant....
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